Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698928833416.pdf (New Zealand)
Reprint as at 3 November 2008 Social Security (Long­term Residential Care) Regulations 2005 (SR 2005/183) Silvia Cartwright, Governor­General Order in Council At Wellington this 27th day of June 2005 Present: Her Excellency the Governor­General in Council Pursuant to section 155 of the Social Security Act 1964, Her Excel­ lency the Governor­General, acting on the advice and with the con­ sent of the Executive Council, makes the following regulations.
Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Social Development and the Ministry of Health.
1 Social Security (Long­term Residential Care) Regulations 2005 Reprinted as at 3 November 2008 Contents Title Commencement Interpretation Status of examples Entitlement of spouse or partner to veteran’s pension [Revoked] Classes of exempt persons Elderly victim of crime Clothing allowance Gifting period Allowable gifts Gift in recognition of care Deprivation of property and income Assets exempt from means assessment Income exempt from means assessment Personal allowance Schedule Offences under Crimes Act 1961 Page 2 2 2 3 3 3 4 5 5 5 6 7 10 15 16 16 Regulations Title These regulations are the Social Security (Long­term Residen­ tial Care) Regulations 2005.
Commencement These regulations come into force on 1 July 2005.
Interpretation In these regulations, unless the context otherwise requires,— Accident Compensation Corporation means the corporation of that name continued by section 259 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 Act means the Social Security Act 1964 compulsory care order has the meaning given to it by sec­ tion 5 of the Intellectual Disability (Compulsory Care and Re­ habilitation) Act 2003 1 2 3 3A 9A 9B 10 11 12 1 2 3 (1) 2 Reprinted as at 3 November 2008 Social Security (Long­term Residential Care) Regulations 2005 r 5 restricted patient has the meaning given to it by section 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 special patient has the meaning given to it by section 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 veteran’s pension has the meaning given to it by section 3 of the Act.
Terms used in these regulations that are deﬁned in section 136 of the Act have the meanings given to them by that sec­ tion.

(2) 3A Status of examples (1) Every example used in these regulations is part of these regu­ lations.

(2) An example used in these regulations is only illustrative of the (3) 4 5 provision to which it relates.

It does not limit the provision.

If an example and the provision to which it relates are incon­ sistent, the provision prevails.
Regulation 3A: inserted, on 19 September 2005, by regulation 3 of the So­ cial Security (Long­term Residential Care) Amendment Regulations 2005 (SR 2005/265).

Entitlement of spouse or partner to veteran’s pension [Revoked] Regulation 4: revoked, on 1 July 2006, by section 10 of the War Pensions Amendment Act 2006 (2006 No 32).
Classes of exempt persons For the purposes of Part 4 of the Act, a resident assessed as requiring care is an exempt person if that resident is a person who— (a) received long­stay geriatric care in a geriatric hospital before 1 July 1993; or (b) was receiving long­stay care in one of the following hospitals prior to the closure of the hospital: Kimberley Hospital (Levin): (i) (ii) Templeton Hospital (Christchurch): (iii) Mangere Hospital (Manukau City): 3 r 6 Social Security (Long­term Residential Care) Regulations 2005 Reprinted as at 3 November 2008 (c) (d) (e) (f) (g) (h) (i) (j) (iv) Braemar Hospital (Nelson); or has intellectual disabilities and was receiving long­stay care in a psychiatric hospital (not being a hospital speci­ ﬁed in paragraph (b)) prior to the closure of the hospital; or is subject to a compulsory treatment order made under section 30 of the Mental Health (Compulsory Assess­ ment and Treatment) Act 1992; or is declared a restricted patient under section 55 of the Mental Health (Compulsory Assessment and Treat­ ment) Act 1992; or is a special patient, whether or not that person has been granted leave of absence from a hospital— (i) under section 50 of the Mental Health (Compul­ sory Assessment and Treatment) Act 1992; or under section 52 of the Mental Health (Compul­ sory Assessment and Treatment) Act 1992; or (ii) is subject to a compulsory care order; or is removed to any hospital or rest home under section 79 of the Health Act 1956; or is committed to any hospital or rest home under section 126 of the Health Act 1956; or was receiving continuing hospital care in a rest home or hospital before 1 July 1993.
Elderly victim of crime For the purposes of Part 4 of the Act, a person is an elderly victim of crime if that person— (a) is a victim of an offence under the Crimes Act 1961 that— (i) is speciﬁed in the Schedule; and (ii) was committed after 1 May 1997; and has suffered personal injury as a result of the commis­ sion of that offence; and has had a claim in respect of the personal injury ac­ cepted by the Accident Compensation Corporation; and has within 12 months of the date of the personal injury been needs assessed as having an injury­related need for long­term residential care; and (b) (c) (d) 6 (1) 4 Reprinted as at 3 November 2008 Social Security (Long­term Residential Care) Regulations 2005 r 9 (e) continues to have an injury­related need for long­term residential care.
(2) (3) For the purposes of Part 4 of the Act, every person who imme­ diately before 1 July 2005 had been notiﬁed as being, or had been treated as having been, an elderly victim of crime, must, on and after the commencement date, be treated as a person assessed in accordance with subclause (1) as an elderly victim of crime.
For the purposes of Part 4 of the Act,— (a) a person who is assessed as an elderly victim of crime under subclause (1) is no longer an elderly victim of crime on the date on which the person is needs assessed as having no injury­related need for long­term residen­ tial care; and a person who is treated as an elderly victim of crime under subclause (2) is no longer an elderly victim of crime on the date on which the person is needs assessed as having no injury­related need for long­term residen­ tial care.
(b) Clothing allowance 7 (1) A clothing allowance is payable on, or as soon as is practicable after, 1 April each year to both classes of persons speciﬁed in section 154(1) of the Act.

The clothing allowance is $238.84.

Regulation 7(2): amended, on 1 April 2008, by regulation 4 of the Social Secur­ ity (Long­term Residential Care) Amendment Regulations 2008 (SR 2008/52).
(2) 8 9 (1) Gifting period For the purpose of paragraph (b) of the deﬁnition of assets in clause 4 of Part 2 of Schedule 27 of the Act, the gifting period is the period that commences 5 years before the date of means assessment.
Allowable gifts For the purpose of paragraph (b) of the deﬁnition of assets in clause 4 of Part 2 of Schedule 27 of the Act, allowable gifts are gifts of real or personal property (for example, money) gifted during the gifting period that— 5 r 9A Social Security (Long­term Residential Care) Regulations 2005 Reprinted as at 3 November 2008 (a) (b) are gifted by any of the following persons: (i) (ii) the person being means assessed: the spouse or partner of the person being means assessed: the person being means assessed and that per­ son’s spouse or partner jointly; and (iii) have a total value— (i) (ii) not exceeding $5,000 each year (the gifting amount); or exceeding the gifting amount but which may be offset as prescribed in subclause (2).
If during any year of the gifting period the person being means assessed makes gifts of real or personal property that have a total value exceeding the gifting amount, then the difference in value between the total value of the gifts gifted in that year and the gifting amount may be offset against the balance of the gifting amount in each of the remaining subsequent years of the gifting period, if any.
For the purpose of subclause (2) balance of the gifting amount in each of the remaining subsequent years of the gifting period is the total of the gifting amounts for each of those years less the total value of allowable gifts gifted in those years.
If the person being means assessed and that person’s spouse or partner are both in long­term residential care, then the value of any gift made jointly by that person and that person’s spouse or partner is to be apportioned equally between that person and that person’s spouse or partner.
9A Gift in recognition of care (1) If all allowable gifts gifted during the gifting period have a total value less than $25,000, a gift in recognition of care that meets the criteria in subclause (2) is to be treated as an allow­ able gift.
The criteria for a gift in recognition of care are that the gift— is a gift of real or personal property (for example, (a) money) gifted by any of the following persons: the person being means assessed: (i) (2) (3) (4) (2) 6 Reprinted as at 3 November 2008 Social Security (Long­term Residential Care) Regulations 2005 r 9B (ii) (iii) the spouse or partner of the person being means assessed: the person being means assessed and the person’s spouse or partner jointly; and (b) (c) (d) (e) is gifted within the period of 12 months immediately preceding the date of means assessment; and is gifted to a person who— (i) for a continuous period of at least 12 months dur­ ing the gifting period— (A) (B) lived in the same household as the person being means assessed; and provided to the person being means as­ sessed a high level of care that enabled the person being means assessed to re­ main in the community without receipt of home­based disability support services (as deﬁned in section 69FA of the Act); and (ii) is not the spouse, partner, or dependent child of the person being means assessed; and is of an amount up to $5,000 for each 12­month period of care provided; and is not of an amount that, together with the amounts of any other gifts in recognition of care, exceeds the dif­ ference between $25,000 and the total value of all gifts allowable under regulation 9.
(3) If the person being means assessed and that person’s spouse or partner are both in long­term residential care, then the value of any gift in recognition of care gifted jointly by that person and that person’s spouse or partner in respect of the care they both received from the same person may be apportioned equally between the person being means assessed and that person’s spouse or partner.
Regulation 9A: inserted, on 19 September 2005, by regulation 4 of the So­ cial Security (Long­term Residential Care) Amendment Regulations 2005 (SR 2005/265).
9B Deprivation of property and income For the purposes of section 147A of the Act, instances of de­ privation of property or income include, but are not limited to, the following: 7 r 9B Social Security (Long­term Residential Care) Regulations 2005 Reprinted as at 3 November 2008 (a) gifts that are gifted in the 12­month period prior to the commencement of the gifting period, or in any 12­month period preceding that period, to the extent that the total value of the gifts in each such period exceeds $27,000: Example In the year before the commencement of the gifting period the person being means assessed and that person’s spouse jointly make gifts having a total value of $100,000.
The person being means assessed and his or her spouse may be treated as having deprived themselves of $73,000 in respect of the gifts.
(b) a disposition of property at any time before the com­ mencement of the gifting period for no consideration, or for a consideration less than the market value of the property at the time of disposition, may be treated as a gift for the purposes of paragraph (a): Example Two years before the commencement of the gifting period the person being means assessed and that person’s part­ ner transfer the $300,000 house that they jointly own to a family member for $100,000.
One year before the com­ mencement of the gifting period the person being means assessed and that person’s partner gift $50,000 to another family member.

The person being means assessed and his or her part­ ner may be treated as having deprived themselves of $196,000 in respect of the disposition and the gift (being the sum of $200,000 less $27,000 for the disposition of the house and $50,000 less $27,000 for the monetary gift).
(c) a disposition of property during the gifting period for no consideration, or for a consideration less than the market value of the property at the time of disposition: 8 Reprinted as at 3 November 2008 Social Security (Long­term Residential Care) Regulations 2005 r 9B Example During the gifting period the person being means as­ sessed sells his or her car for $10,000.

The market value of the car at the time of sale was $20,000.
The person being means assessed may be treated as hav­ ing deprived himself or herself of property to the extent of $10,000 in respect of the car sale.

(d) a failure at any time to exercise any right or entitlement to demand a payment: Example The spouse of the person being means assessed makes a loan to another person with interest on the loan being payable on demand.

The spouse of the person being means assessed never makes a demand for the interest.
The spouse of the person being means assessed may be treated as having deprived himself or herself of interest to the extent of the amount of interest that is payable on demand.

(e) a waiver of a right at any time to receive any entitlement or payment: Example The person being means assessed and that person’s part­ ner jointly own a rental property.

The tenants of that prop­ erty fail to pay the rent payable under the tenancy agree­ ment.
The person being means assessed and that per­ son’s partner take no action to recover the unpaid rent.

The person being means assessed and his or her partner may be treated as having deprived themselves of income to the extent of the unpaid rent.

(f) an investment at any time in non­income­earning assets: Example The person being means assessed deposits savings in a non­interest­bearing bank account.
The person being means assessed may be treated as hav­ ing deprived himself or herself of income to the extent of income that could have been earned on the savings if the savings had been invested in an interest­bearing bank ac­ count.

9 r 10 Social Security (Long­term Residential Care) Regulations 2005 Reprinted as at 3 November 2008 Regulation 9B: inserted, on 19 September 2005, by regulation 4 of the So­ cial Security (Long­term Residential Care) Amendment Regulations 2005 (SR 2005/265).
Regulation 9B: amended, on 22 November 2006, by section 21 of the Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
Assets exempt from means assessment For the purpose of paragraph (f) of the deﬁnition of exempt assets in clause 4 of Part 2 of Schedule 27 of the Act, the following assets are exempt assets: (a) (b) (c) household furniture and effects: personal belongings such as clothing and jewellery: personal collectables or family treasures or taonga such as artworks, books, stamps, and antiques: any interest in one car or similar vehicle that is for the personal use of the person’s dependent child; but this exemption does not apply— (i) where an election has been made under clause 2 of Part 1 of Schedule 27 of the Act; or (ii) where the exemption in paragraph (b) of the def­ inition of exempt assets in clause 4 of Part 2 of Schedule 27 of the Act applies: the value of any compensation or ex gratia payment made by the Government of any country to the person or his or her spouse or partner because the person or his or her spouse or partner— (i) was a prisoner of war, civilian internee, or victim of persecution of any country during the Second World War; or (ii) was a dependant child of a person who was a pris­ oner of war, civilian internee, or victim of perse­ cution of any country during the Second World War: any ex gratia payment made to the person, on or after 15 December 2006, by or on behalf of the Crown, and made because the person suffered a personal injury that is, or was caused by, hepatitis C infection contracted through the New Zealand blood supply: any ex gratia payment— (d) (e) (f) (g) 10 (1) 10 Reprinted as at 3 November 2008 Social Security (Long­term Residential Care) Regulations 2005 r 10 (h) (i) (i) made to the person, on or after 27 April 2007, by the Crown; and (ii) made in accordance with the MoU on measures related to veterans: any compensation payment or ex gratia payment— (i) made to the person, on or after 26 October 2007, by or on behalf of the Crown; and (ii) made because the person is a former patient of the Lake Alice Psychiatric Hospital: where the person or the person’s spouse or partner is a
 member of a speciﬁed non­KiwiSaver scheme,— (i) any contributions made to that scheme on or after 1 May 2008 by, or in respect of, the member; and any interest that the member has in that scheme on or after 1 May 2008 except— (A) (ii) (B) (C) (D) a withdrawal that the member has received from the scheme: a withdrawal that the member is entitled to receive from the scheme on reaching the expected time of retirement: a withdrawal that the member is entitled to receive from the scheme on leaving the employment in respect of which the scheme was constituted or established, or any employment covered by the scheme, before reaching the expected time of re­ tirement: a withdrawal that the member has applied to receive from the scheme that the mem­ ber is permitted to receive under the pro­ visions of the scheme: (j) (k) any payment made to the person by the trust established under the trust deed dated 16 August 2007 and known, on that date, as the Viet Nam Veterans and Their Fam­ ilies Trust, other than a payment of the kind referred to in any of paragraphs (a) to (d) of clause 14.2 of that trust deed: any compensation or ex gratia payment of the kind described in regulation 6(2) of the Social Security 11 r 10 Social Security (Long­term Residential Care) Regulations 2005 Reprinted as at 3 November 2008 (Income and Cash Assets Exemptions: Ex Gratia and Compensation Payments Made by the Crown) Regula­ tions 2008.
(1B) (1A) The exemptions in subclause (1)(f), (h), (j), and (k) apply only in respect of the ﬁrst 12 months after the payment concerned is made.

In subclause (1)(f), Crown, New Zealand blood supply, and personal injury have the meanings given to them by regula­ tion 3 of the Social Security (Income and Cash Assets Exemp­ tions: Personal Injury from Hepatitis C Infection Contracted Through New Zealand Blood Supply) Regulations 2006.
In subclause (1)(g), MoU on measures related to veterans means the memorandum of understanding— (a) (1C) signed on 6 December 2006 for and on behalf of the following (the parties): (i) (ii) the Ex­Vietnam Services Association; and the Royal New Zealand Returned and Services Association; and the Crown; and (iii) not intended to be legally binding on the parties, but recording their intentions on a package of measures re­ lated to Vietnam veterans and other veterans.
(b) (1D) In subclause (1)(i),— expected time of retirement means the member’s expected age or date of retirement as deﬁned in the provisions of the scheme permitted, in relation to a withdrawal or proposed with­ drawal, means that is, or the proposed the withdrawal withdrawal if it were provided would be, permitted under the provisions of the scheme proposed withdrawal means a withdrawal that has been ap­ plied for, but has not yet been approved provision means a provision (express or implied) of either or both of the following: (a) the deed that established the relevant trust or (as the case may be) the Act of the Parliament of New Zealand that constituted the relevant arrangement: any rules of the scheme (b) 12 Reprinted as at 3 November 2008 Social Security (Long­term Residential Care) Regulations 2005 r 10 qualifying lock­in clause means a provision of the scheme that— (a) prevents a member of the scheme from making or re­ ceiving a withdrawal from the scheme until either or both of the following apply to the member: (i) (ii) he or she reaches the expected time of retirement: he or she leaves before reaching the expected time of retirement— (A) the employment in respect of which the scheme was constituted or established; or any employment covered by the scheme; and (B) (b) may, but need not, be, or be accompanied by another provision of the scheme that is, a standard withdrawals clause speciﬁed non­KiwiSaver scheme or scheme means a scheme that is not a KiwiSaver scheme, but— (a) is registered under the Superannuation Schemes Act 1989; and (b) whose provisions include a qualifying lock­in clause standard withdrawals clause means a provision of the scheme that permits a member of the scheme to make or receive a withdrawal from the scheme in circumstances that are, or are essentially, the same as those speciﬁed in all or any of the following clauses of Schedule 1 of the KiwiSaver Act 2006: clause 8 (purchase of a ﬁrst home): (a) clause 10 (signiﬁcant ﬁnancial hardship): (b) (c) clause 12 (serious illness) withdrawal, in relation to a member,— (a) includes any beneﬁt (as deﬁned in section 2(1) of the Superannuation Schemes Act 1989) provided from, and debited against the member’s interest in, the scheme; but does not include a permitted withdrawal or permitted proposed withdrawal that is a transfer (with or without the member’s consent) from the scheme to a KiwiSaver scheme or to another non­KiwiSaver scheme.
(b) 13 Social Security (Long­term Residential Care) Regulations 2005 Reprinted as at 3 November 2008 For the purpose of paragraph (f) of the deﬁnition of exempt assets in clause 4 of Part 2 of Schedule 27 of the Act, exempt assets include an amount of assets that represents the total in­ crease in value of the non­exempt assets since the date of the last means assessment.
For the purpose of subclause (2), non­exempt assets means the non­exempt assets that have earlier been determined, by a means assessment as to assets, to be equal to or less than the applicable asset threshold.

Subclause (2) does not apply in respect of a review of a means assessment under section 150(1)(b) or section 150(1)(c) of the Act.

Regulation 10(1)(e): added, on 24 November 2006, by regulation 4 of the Social Security (Long­term Residential Care) Amendment Regulations (No 2) 2006 (SR 2006/349).
Regulation 10(1)(f): added, on 15 December 2006, by regulation 4(1) of the Social Security (Long­term Residential Care) Amendment Regulations (No 3) 2006 (SR 2006/378).

Regulation 10(1)(g): added, on 27 April 2007, by regulation 4(1) of the Social Security (Long­term Residential Care) Amendment Regulations (No 2) 2007 (SR 2007/97).

Regulation 10(1)(h): added, on 26 October 2007, by regulation 4(1) of the Social Security (Long­term Residential Care) Amendment Regulations (No 4) 2007 (SR 2007/323).
Regulation 10(1)(i): added, on 1 May 2008, by regulation 4(1) of the Social Security (Long­term Residential Care) Amendment Regulations (No 2) 2008 (SR 2008/69).

Regulation 10(1)(j): added, on 3 November 2008, by regulation 4(1) of the Social Security (Long­term Residential Care) Amendment Regulations (No 4) 2008 (SR 2008/349).

Regulation 10(1)(k): added, on 3 November 2008, by regulation 4(1) of the Social Security (Long­term Residential Care) Amendment Regulations (No 4) 2008 (SR 2008/349).
Regulation 10(1A): inserted, on 15 December 2006, by regulation 4(2) of the Social Security (Long­term Residential Care) Amendment Regulations (No 3) 2006 (SR 2006/378).

Regulation 10(1A): amended, on 3 November 2008, by regulation 4(2) of the Social Security (Long­term Residential Care) Amendment Regulations (No 4) 2008 (SR 2008/349).

Regulation 10(1A): amended, on 26 October 2007, by regulation 4(2) of the Social Security (Long­term Residential Care) Amendment Regulations (No 4) 2007 (SR 2007/323).
r 10 (2) (3) (4) 14 Reprinted as at 3 November 2008 Social Security (Long­term Residential Care) Regulations 2005 r 11 Regulation 10(1B): inserted, on 15 December 2006, by regulation 4(2) of the Social Security (Long­term Residential Care) Amendment Regulations (No 3) 2006 (SR 2006/378).

Regulation 10(1C): inserted, on 27 April 2007, by regulation 4(2) of the Social Security (Long­term Residential Care) Amendment Regulations (No 2) 2007 (SR 2007/97).
Regulation 10(1D): inserted, on 1 May 2008, by regulation 4(2) of the Social Security (Long­term Residential Care) Amendment Regulations (No 2) 2008 (SR 2008/69).
11 Income exempt from means assessment For the purpose of paragraph (k) of the deﬁnition of income in clause 5 of Part 3 of Schedule 27 of the Act, the following types of income are not to be included in a means assessment as to income: (a) any compensation or ex gratia payment made by the Government of any country to the person or his or her spouse or partner because the person or his or her spouse or partner— (i) was a prisoner of war, civilian internee, or victim of persecution of any country during the Second World War; or (ii) was a dependant child of a person who was a pris­ oner of war, civilian internee, or victim of perse­ cution of any country during the Second World War: any interest derived from compensation or an ex gratia payment referred to in paragraph (a): any interest derived from any pre­paid funeral of the person or of the person’s spouse or partner that is re­ ferred to in paragraph (d) of the deﬁnition of exempt assets in clause 4 of Part 2 of Schedule 27 of the Act.
(b) (c) Regulation 11(a): substituted, on 24 November 2006, by regulation 6(1) of the Social Security (Long­term Residential Care) Amendment Regulations (No 2) 2006 (SR 2006/349).

Regulation 11(b): amended, on 24 November 2006, by regulation 6(2) of the Social Security (Long­term Residential Care) Amendment Regulations (No 2) 2006 (SR 2006/349).
15 r 12 12 Social Security (Long­term Residential Care) Regulations 2005 Reprinted as at 3 November 2008 Personal allowance The personal allowance deﬁned in section 136 of the Social Security Act 1964 is $33.73 per week.

Regulation 12: substituted, on 1 April 2007, by regulation 5 of the Social Secur­ ity (Long­term Residential Care) Amendment Regulations 2007 (SR 2007/56).
Regulation 12: amended, on 1 April 2008, by regulation 5 of the Social Security (Long­term Residential Care) Amendment Regulations 2008 (SR 2008/52).
Schedule Offences under Crimes Act 1961 r 6(1) Sections of the Crimes Act 1961 87 128B 129 129A 135 138 141 142 142A 145 156 157 173 188 189 190 191 192 193 196 197 16 Offences Riot Sexual violation Attempted sexual violation and assault with intent to commit sexual violation Sexual conduct with consent induced by certain threats Indecent assault Sexual exploitation of person with signiﬁcant im­ pairment Indecent assault on man or boy Anal intercourse Compelling indecent act with animal Criminal nuisance Duty of persons in charge of dangerous things Duty to avoid omissions dangerous to life Attempt to murder Wounding with intent Injuring with intent Injuring by unlawful act Aggravating wounding or injury Aggravated assault Assault with intent to injure Common assault Disabling Reprinted as at 3 November 2008 Social Security (Long­term Residential Care) Regulations 2005 Sections of the Crimes Act 1961 198 199 200 201 202C 204A 208 209 232 234 235 236 267 269 Offences Discharging ﬁrearm or doing dangerous act with in­ tent Acid throwing Poisoning with intent Infecting with disease Assault with weapon Female genital mutilation Abduction for purposes of marriage or sexual con­ nection Kidnapping Aggravated burglary Robbery Aggravated robbery Assault with intent to rob Arson Intentional damage Diane Morcom, Clerk of the Executive Council.
Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 30 June 2005.


17 Notes Social Security (Long­term Residential Care) Regulations 2005 Reprinted as at 3 November 2008 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent ﬁrst) General This is a reprint of the Social Security (Long­term Residen­ tial Care) Regulations 2005.
The reprint incorporates all the amendments to the regulations as at 3 November 2008, as spe­ ciﬁed in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enact­ ment, in chronological order.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the ofﬁcial volumes of statutes or statutory regulations in which the prin­ cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep­ aration of reprints.

For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted.
For a detailed list of the editorial conventions, see 5 Notes 1 2 3 18 Reprinted as at 3 November 2008 Social Security (Long­term Residential Care) Regulations 2005 Notes http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all le­ gislation reprinted after 1 January 2000 is in the new format for legislation and reﬂects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the au­ thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of deﬁnitions (eg, the deﬁned term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) position of the date of assent (it now appears on the front page of each Act) 19 • • • • • Notes Social Security (Long­term Residential Care) Regulations 2005 Reprinted as at 3 November 2008 • • • • • • punctuation (eg, colons are not used after deﬁnitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross­references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap­ ital letter followed by small capital letters are amended so that the heading appears in bold, with only the ﬁrst word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection ref­ erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross­references are changed accord­ ingly running heads (the information that appears at the top of each page) format of two­column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono­ logical).
5 List of amendments incorporated in this reprint (most recent ﬁrst) Social Security (Long­term Residential Care) Amendment Regulations (No 4) 2008 (SR 2008/349) Social Security (Long­term Residential Care) Amendment Regulations (No 2) 2008 (SR 2008/69) Social Security (Long­term Residential Care) Amendment Regulations 2008 (SR 2008/52) Social Security (Long­term Residential Care) Amendment Regulations (No 4) 2007 (SR 2007/323) Social Security (Long­term Residential Care) Amendment Regulations (No 2) 2007 (SR 2007/97) Social Security (Long­term Residential Care) Amendment Regulations 2007 (SR 2007/56) Social Security (Long­term Residential Care) Amendment Regulations (No 3) 2006 (SR 2006/378) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67): section 21 20 Reprinted as at 3 November 2008 Social Security (Long­term Residential Care) Regulations 2005 Notes Social Security (Long­term Residential Care) Amendment Regulations (No 2) 2006 (SR 2006/349) War Pensions Amendment Act 2006 (2006 No 32): section 10 Social Security (Long­term Residential Care) Amendment Regulations 2005 (SR 2005/265) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009 21